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CONFIDENTIAL

Dec. 7, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose

Confidential

Settlement –  $260,376

Judge

Philip E. Schwab

Marjorie W. Day

Carol A. Salmacia

Court

Confidential


Attorneys

Plaintiff

Eugen C. Andres


Defendant

Margaret M. Holm
(Tyson & Mendes LLP)


Experts

Plaintiff

Saar A. Porrath
(medical)

James G. Jakowatz
(medical)

Defendant

John Pearce
(medical)

John R. Hesselink M.D.
(medical)

Facts

The claimant, a 61-year-old retired saleswoman and part-time wedding coordinator, presented at the respondent hospital for yearly mammograms and physical examinations and did regular self-examinations of her breasts. The respondent hospital sent notices that her 1992 and 1993 mammograms were normal. The claimant noticed a lump in her right breast in July 1994. A mammogram and biopsy revealed a cancerous tumor and a modified radical mastectomy was performed in August 1994, after which it was determined that nodal involvement existed. The claimant brough this action against the respondents based on medical malpractice and negligence theories of recovery.

Settlement Discussions

The claimant made a settlemend demand for $250,000. The respondents made no settlement offer.

Specials in Evidence

$_____________ $10,376.47 $_____________ $_____________

Damages

The claimant claimed $260,376.47 in damages.

Injuries

The claimant alleged that the respondents' conduct required her to undergo a modified radical mastectomy, six months of chemotherapy, two breast reconstruction surgeries, loss of hair, loss of enjoyment in life and a lowered cure rate.

Other Information

The award was rendered approximately one year and six months after the case was filed.


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